People v. Ortiz Rodríguez
People v. Ortiz Rodríguez
Opinion of the Court
delivered the opinion of the Court.
An information for murder in the first degree, which was later amended to one of murder in the second degree after the evidence of the case was presented was filed against appellant. There was allegation of subsequent degree, admitted by-appellant, and, therefore, it was not made known to the jury. The jury returned a verdict of guilty for the crime of voluntary manslaughter by a majority vote of nine to three. The evidence for the prosecution was the following:
The forensic pathologist Dr. Loynaz testified that on October 5, 1967, he performed the autopsy upon the corpse of Martin Avila Ocasio. He found that the corpse had been dead for several days, although he could not state precisely the day of the death. He determined that the cause of the death was a severe blow
The parties stipulated that certain witnesses taken as a whole would testify that the deceased Martin Avila Ocasio
The testimony of José Antonio Cruz Hernández (Tr. Ev. pp. 38-68) basically consisted in testifying that on October 1, 1967, he lived in Ward Bayamoncito of Aguas Buenas; that on that day between 10:00 and 11:30 at night he was in the road-crossing of that ward when he saw a truck stop at a certain distance from him. A person alighted from the left-hand side of the truck and apparently he started looking for something by the roadside. Then he got into the truck, turned around and started on his way in the direction of the witness, passing by his side at a very great speed. Then the witness continued on his way to his home and on passing by the place where he had seen the truck stop, he saw by the roadside a man sitting on the ground, with black pants and a blue shirt with small squares, who was moaning with his hands crossed over his stomach. The witness continued on his way and upon reaching his house he told his mother to lock the door well because there was a drunk around and could come in. Three days after that incident he saw when they pulled out the deceased’s corpse from a ravine that was close to the place where he had previously seen the man who was moaning. The corpse, he said, wore black pants and a blue shirt with small squares. On an occasion he said that he had not observed the truck well that he saw on the night of October 1 (Tr. Ev. p. 59), but when he was shown the photograph of the truck that defendant was driving that day he identified it as the same truck that he had seen on the night of October 1, 1967. (Tr. Ev. p. 64.)
Efraín Cintron Santos (Tr. Ev. pp. 115-117) stated that he also resides in Parcelas Bayamoncito of Aguas Buenas; that on the night of October 1, 1967, he was in his home between 10:00 and 11:30 and he was going to bed when he heard the noise of a truck; that he took a look from the balcony and saw a truck turning around; that the truck was white with a “closed body.” Next day while oii his way to his work, at some distance from his house, he found the men
Natividad Pizarro (Tr. Ev. pp. 118-132) said that he was a tinsmith specialized in automobile locks. On October 18, 1967, he inspected the lock of the truck that defendant was driving on October 1 and determined that the lock was in good condition and that by the manner in' which it had been constructed it would be extremely difficult for it to be opened accidentally by the person inside as well as by the movements of the truck.
The prosecuting attorney also introduced in evidence four photographs of the truck that defendant was driving, a photograph of the place where the truck stopped when seen by Ismael Mendoza Santiago and another photograph of the place where the corpse was found.
At the close of the opening statement by the prosecuting attorney the defense prayed for peremptory acquittal which was denied by the court. The defense submitted the case without introducing evidence, requesting that instructions be given to the jury on voluntary and involuntary manslaughter. The judge agreed to give instructions on murder in the second degree and on voluntary manslaughter, but he refused to give them on involuntary manslaughter because he considered there was no evidence on this last one.
On appeal the commission of two errors is assigned: (1) the evidence was. insufficient to support the conviction and (2) the court should have charged the jury as to the offense of involuntary manslaughter.
Was the evidence sufficient to support the conviction for voluntary manslaughter? The evidence in this case is purely circumstantial; there was no witness whatsoever who testified that he had seen the defendant giving the mortal blow to the deceased, if such a thing occurred. • _
In the past we have acknowledged that circumstantial evidence is essentially the same as the direct one and that both are weighed on the same criterion: to produce a conviction the evidence must prove the guilt beyond a reasonable doubt. That rule substitutes the one previously existing, which required that to produce a conviction the evidence must not only be compatible with defendant’s guilt but incompatible with any other reasonable hypothesis of innocence. People v. Bonilla, 78 P.R.R. 144 (1955); followed, among others, by People v. Pagán Medina, 99 P.R.R. 731 (1971) and People v. Pérez Escobar, 91 P.R.R. 9 (1964). Even the corpus delicti may be established by circumstantial evidence.
Commentator Wigmore
(a) prospectant circumstances: events prior to the crime and which point forward to its future commission (motive, plan, designs, etc.) ;
(b) concomitant circumstances: events simultaneous to the crime that permit that it be done by defendant (presence at the scene of the crime, access to the victim, etc.);
(c) retrospectant circumstances: events after the crime which suggest that the defendant did it (flight, concealment of evidence, etc.).
On the other hand, there are circumstances which tend to prove the innocence of a defendant, for example, the fondness or friendship between the defendant and the victim (prospective), the alibi (concomitant) and a normal behavior after the crime (retrospective).
We ask ourselves if any of the factors which the doctrine acknowledges as relevant to prove circumstantially defendant’s guilt were present in this case.
First, we have the problem of corpus delicti. The evidence adduced to prove it was the testimony of pathologist Dr. Loy-naz to the effect that Martin Avila Ocasio died as a result of a severe blow on the thoracic region, and the testimonies
If there was a crime, what evidence was there to connect defendant with the commission of the same? The evidence establishes without any doubt that defendant and the victim were together on October 1, 1967, during the daytime and that they were probably together during the nighttime also very close to the place where the deceased’s corpse later appeared. With that the presence of the accused at the scene of the crime and his access to the victim are established, factor which is not enough by itself to determine the guilt, but that may be taken into consideration together with other details. See People v. Madrigal, supra; People v. Salgado Velázquez, supra; People v. Arocho Medina, supra. This would be one of the “concomitant” circumstances of which Wig-more speaks. See also Wharton, op. cit., § 185.
The Solicitor General emphasizes the fact that defendant hastily left the scene of the alleged crime leaving the deceased sitting by the roadside and complaining of some malaise with his arms crossed over his abdomen. Besides, next day the truck which defendant was driving was found parked by the side of the road at some distance from the. scene of the crime.
But there are several doubtful details. It does not appear clear, for example, that the deceased was mortally wounded when he was abandoned by defendant on the night of October 1, 1967. It is known that he was still alive and that the witness who saw him interpreted his condition as one of intoxication. The theory of intoxication finds support in the fact that he had been drinking liquor all day for more than twelve hours in a row. Besides, the deceased seemed to be complaining of pain in the abdomen, which is compatible with intoxication, but that would be strange if, as the forensic pathologist pointed out, he did not have any notable injuries in the abdomen and instead he was suffering from multiple and severe injuries in the thorax and in the clavicle. In that agonizing condition, according to the People’s theory, the victim would have to move on his own until dropping at the bottom of a ravine that is close to the place where he was seen complaining.
As to the abandoned truck, it doesn’t seem clear either that the intention of defendant was to conceal it, because the place where it was found — by the side of the road to Aguas Buenas — doesn’t seem to be an adequate place to conceal a truck nor sufficiently separated from the scene of the crime for us to construe it as an intent to conceal defendant’s presence in that place.
Opposite to the.circumstances already stated, it must be noted that there exists another exculpatory circumstance which tends to favor defendant. The stipulated testimony of
The circumstances of this case are very suspicious. It seems logical to us that appellant has been thought of as a possible offender and that he has been prosecuted; but the different points left unknown by the evidence have produced in us a reasonable doubt as to his guilt. Perhaps, it can be attributed thereto that the jury returned a verdict (9 to 3) of voluntary manslaughter, which results strange since evidence of “sudden quarrel or heat of passion” was not presented. Section 203 of the Penal Code, 33 L.P.R.A. § 635.
The first error assigned was committed. On account of that the judgment appealed from will be reversed acquitting appellant freely.
When asked about the possibility of several blows, the witness testified that he was not sure, but that he believed it was more probable that only one blow was involved. (Tr. Ev. p. 29.)
For more details as to circumstantial evidence and its application to different offenses, see People v. Picó Vidal, 99 P.R.R. 687 (1971); People v. Sánchez Delgado, 99 P.R.R. 255 (1970); People v. Rodríguez Matos, 98 P.R.R. 149 (1969); People v. Rivera Antuna, 88 P.R.R. 611 (1968); People v. Juarbe, 88 P.R.R. 719 (1961); and People v. Bonilla, 88 P.R.R. 286 (1961). In the case of theft, burglary, etc., the doctrine of “unexplained possession of objects which were recently stolen,” which acknowledges a typical case of circumstantial evidence is well known. People v. Arroyo Cortés, ante, p. 840, and cases cited therein.
1 Wigmore, On Evidence, §§ 38 to 465 (3rd ed.).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.